Harouna-Konate v. U.S. Attorney General et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations. Motion to Dismiss/Lack of Jurisdiction 12 be granted and the petition for writ of habeas corpus 1 be denied. Signed by Judge Timothy S. Black on 4/10/2017. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION HAROUNA-KONATE, Petitioner, vs. U.S. ATTORNEY GENERAL, et al., Respondents. : : : : : : : : : Case No. 1:16-cv-982 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 10) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on March 10, 2017, submitted a Report and Recommendation. (Doc. 10). Following the Report and Recommendation, Defendants filed a motion to dismiss for lack of jurisdiction on April 5, 2017, informing the Court that Petitioner had been deported. (Doc. 12). The Magistrate Judge submitted a supplemental Report and Recommendations on April 7, 2017. (Doc. 13). As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo 1 all of the filings in this matter. Upon consideration of the foregoing, the Court agrees with the Report and Recommendation that this civil action is now moot following Petitioner’s deportation. Accordingly, it is ORDERED that respondent’s motion to dismiss (Doc. 12) be GRANTED and the petition for a writ of habeas corpus (Doc. 1) be DENIED. The Clerk shall enter judgment accordingly, whereupon this case shall be CLOSED. IT IS SO ORDERED. Date: 4/10/17 ______________________ Timothy S. Black United States District Judge 2

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